Agenda item - Chairman's Communications

24.1    The Chairman stated that a 12 week consultation period on lap dancing controls had just been completed by central government, and Brighton & Hove City Council had responded. She stated that the Council would now be able to regulate sex establishments once the provisions were adopted, and these regulations would apply to already existing establishments. The regulations would commence on 12 April 2010 with a 12 month transitional period for the new arrangements to take effect. Officers were intending to consult Members on the options and then bring these back to the Committee for political steerage.

24.2    Councillor Lepper stated that she was very pleased these regulations were now coming into force as it had solved a big problem for the city.

24.3    Councillor West asked for Officers to present information to Members as quickly as possible to ensure they could make an informed an accurate decision about the proposals.

24.4    Councillor Hawkes felt that the Committee had been very clear on this issue in the past and expressed surprise that some Members may have doubts about the proposals. She noted the decision would be a personal rather than party political matter.

24.5    The Head of Environmental Health and Licensing, Mr Nichols, stated that Officers would consult through party leaders, but there was currently no timetable to the scheme, but felt that Members generally wanted these provisions. He added that if the proposals were not accepted, the Council would have to undertake public consultation as to why they did not want the provisions. The regulations would enable the Council to have discretionary grounds for refusal. A report would be drafted by Officers and any comments from Members about the issue would be taken on board.

24.6    Councillor Watkins asked what the appeal process was for pre-existing sex establishments if they were not granted a licence under the new regime. He added that he was currently chairing a Scrutiny Panel on sexual violence, and he asked that any evidence from this be used to draft the Licensing Officers report. Mr Nichols replied that the sex establishment appeal provisions set out in the Local Government (Miscellaneous Provisions) Act 1982, as amended, would apply. Conditions on the licence should be used to protect performer safety and he noted the availability of evidence from the scrutiny panel and undertook to use this where possible.